Luigi Mangione departs Manhattan Criminal Court on December 23, 2024...

Luigi Mangione departs Manhattan Criminal Court on December 23, 2024 after his arraignment on state murder charges in the killing of UnitedHealthcare CEO Brian Thompson. Credit: Getty Images/Spencer Platt

Lawyers for the Maryland man accused of fatally shooting a UnitedHealthcare CEO as an act of terrorism against leaders of the health insurance industry, filed a motion to suppress key evidence and dismiss the case entirely on Thursday, citing a litany of civil rights abuses by prosecutors and police.

In a 57-page brief, defense attorney Karen Friedman Agnifilo said her client, who faces charges in Pennsylvania, New York State and Manhattan federal court, has been caught in a "legal tug-of-war between state and federal prosecutors as they fight for who controls the fate of the 26-year-old Luigi Mangione."

A University of Pennsylvania graduate, Mangione stands accused of carrying out the highly planned murder of Brian Thompson, a health insurance executive and married father of two, outside a Manhattan hotel during an investor conference on Dec. 4, 2024. The shooting death, which was caught on surveillance video, triggered a national search that lasted for about a week until Mangione was arrested in an Altoona, Pennsylvania, McDonald’s on Dec. 9.

In her brief, Friedman Agnifilo shows body-worn camera footage frames from Mangione’s interrogation with police, which she said was done without informing him of his right to remain silent. Photos appear to show Mangione cornered in the fast food restaurant, surrounded by police as they question him about his connection to New York and the shooting, then allegedly search his bag without a warrant.

The defense attorney asked the judge to suppress the statements he made during the interview with police and evidence — a loaded handgun, silencer, cash and a notebook with a letter to federal authorities expressing animosity toward the health insurance industry — found during a search of his backpack.

"Despite the gravest of consequences for Mr. Mangione, law enforcement has methodically and purposefully trampled his constitutional rights by interrogating him without Miranda warnings in violation of the Fifth Amendment and illegally searching his property without a warrant in violation of the Fourth Amendment," the lawyer wrote in her brief.

Friedman Agnifilo also wants the judge to throw out the two murder-as-terrorism charges, arguing the Manhattan District Attorney’s Office is overreaching by applying the state terrorism statute to Mangione's actions.

The defense lawyer said there is no evidence to support the accusation that her client intended to intimidate or coerce the entire population of health insurance executives. She said the so-called manifesto found in his backpack was released to the public by authorities, not her client.

"It was law enforcement that created the air of terrorism surrounding this alleged crime and who now seek to blame Mr. Mangione for the hysteria and fear they created," Friedman Agnifilo wrote in her brief.

Additionally, the defense lawyer argued the entire 11-count state indictment should be tossed because the parallel state and federal prosecutions violate his right against double jeopardy — being tried twice for the same crime.

U.S. Attorney General Pam Bondi announced on April 1 the Department of Justice will be seeking the death penalty on the federal charges against Mangione, however the New York State case has been scheduled to be tried first.

"Concurrent prosecutions will also negatively affect Mr. Mangione's right to counsel. Because death is the most serious penalty facing a criminal defendant, defense counsel in death penalty cases must be able to properly focus on the pending capital case," Friedman Agnifilo said. "Having a concurrent state prosecution at that same time seeking life imprisonment limits counsel's ability to properly focus on the federal death penalty case."

The Manhattan District Attorney’s Office is scheduled to respond by May 14.





 

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